Sampson v. Payne's
Supreme Court of Virginia
’ THE Appellant filed his Bill in the late High Court of Chancery against William Harrison, acting Executor and legatee of Josias Payne deceased, William Payne, Robert Payne, and Ar-1 dhihald Bryce, executor of William Mitchell deceased, who i were also legatees of the same Josias Payne, for the purpose of getting satisfaction of his judgment at law, mentioned ante, (in ¡the case last reported,) out of the assets in the hands of the ’ said William Harrison, of which he…
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’ THE Appellant filed his Bill in the late High Court of Chancery against William Harrison, acting Executor and legatee of Josias Payne deceased, William Payne, Robert Payne, and Ar-1 dhihald Bryce, executor of William Mitchell deceased, who i were also legatees of the same Josias Payne, for the purpose of getting satisfaction of his judgment at law, mentioned ante, (in ¡the case last reported,) out of the assets in the hands of the ’ said William Harrison, of which he prayed an Account to be ¡rendered, or by contribution of the legatees; from whom an account of the property received by each…
1Opinion of the Court
Saturday, October 19th, 1816.
Judge Brooke
pronounced the Court’s opinion, as follows :
“ The Court, (not adopting the reasons of the Chancellor, nor deciding the question between the Appellees, as to contribution,) approves of the said Decree, except so much thereof as dismisses the Bill as to the Appellee, William Harrison; as to whom, though an action at law suggesting a devastavit might have been prosecuted against him, yet, as bn *r,r. brought into the Court of Chancery for the purpose of rdietMa;- him from the payment of the whole amount of the judgw.-.d at law, by a contribution of the…
2Cited by2 opinions
- Buckingham v. OwenMississippi Supreme Court · 1846
- Spear v. NewellU.S. Circuit Court for the District of District of Columbia · 1859